Monica R. Clyburn v. Commissioner, Social Security Administration , 555 F. App'x 892 ( 2014 )

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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-12214
Non-Argument Calendar
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D.C. Docket No. 8:12-cv-00280-JSM-TBM
MONICA R. CLYBURN,
Plaintiff-Appellant,
versus
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION, SOCIAL SECURITY
ADMINISTRATION, Defendant-Appellees.
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Appeal from the United States District Court
for the Middle District of Florida
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(February 7, 2014)
Before CARNES, Chief Judge, HULL, and MARCUS, Circuit Judges.
PER CURIAM:
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Monica Clyburn appeals from the district court’s judgment affirming the
Administrative Law Judge’s denial of supplemental social security income
benefits. She contends that the ALJ gave improper weight to her treating
physician’s silence about her residual functional capacity. She also challenges an
adverse credibility finding regarding her assertions about the intensity, persistence,
and limiting effects of her symptoms, and she argues that the ALJ erred by failing
to address an affidavit from her sister. Finally, she challenges a vocational expert’s
testimony given in response to a hypothetical question that she asserts was
incomplete.
I.
When the ALJ denies benefits and the Appeals Council denies review, we
review the ALJ’s decision as the Commissioner’s final decision. Doughty v.
Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001). We review de novo the legal
conclusions and consider the factual findings conclusive if supported by substantial
evidence. Lewis v. Barnhart, 285 F.3d 1329, 1330 (11th Cir. 2002). “Substantial
evidence is more than a scintilla and is such relevant evidence as a reasonable
person would accept as adequate to support a conclusion.” Winschel v. Comm’r of
Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011).
II.
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Clyburn first contends that, in making a residual functional capacity finding,
the ALJ gave improper weight to her treating physician Dr. Torres’ silence
regarding Clyburn’s functional capacity. The ALJ noted that “Dr. Torres did not
offer any limitations or restrictions on the claimant’s activities of daily living and
his opinion was given great weight.”
When a doctor’s silence about a claimant’s ability to work is subject to
competing inferences, we have stated that no inference should be drawn from that
silence. See Lamb v. Bowen, 847 F.2d 698, 703 (11th Cir. 1988). Contrary to
Clyburn’s contentions, however, the ALJ did not base his residual functional
capacity determination merely on Dr. Torres’ silence with respect to Clyburn’s
functional limitations. The ALJ also considered Dr. Torres’ findings about
Clyburn’s lack of a history of swelling or progressive joint deformity, his
conclusion that Clyburn’s clinical course was atypical for rheumatoid arthritis, and
his conclusion that he was unable to diagnose rheumatoid arthritis based on his
observations. Furthermore, the ALJ observed that in her own testimony Clyburn
“reluctantly admitted” that she was able to engage in certain “activities of daily
living,” which provided additional support for the residual functional capacity
finding that the ALJ made. Regardless of how the ALJ interpreted Dr. Torres’
silence about Clyburn’s functional capacity, substantial evidence, including
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Clyburn’s own testimony and the medical evidence in the record, supports the
ALJ’s the residual functional capacity determination.
III.
Clyburn contends that the ALJ erred by concluding that her assertions about
the intensity, persistence, and limiting effects of her symptoms were not credible.
As a general rule, “credibility determinations are for the ALJ.” Wilson v. Heckler,
734 F.2d 513, 517 (11th Cir. 1984). “After considering a claimant’s complaints of
pain, the ALJ may reject them as not creditable, and that determination will be
reviewed for substantial evidence.” Marbury v. Sullivan, 957 F.2d 837, 839 (11th
Cir. 1992). If the ALJ discredits subjective testimony, he must explicitly and
adequately articulate his reasons. Id.
The ALJ specifically and adequately articulated his reasons for the adverse
credibility determination in this case, and substantial evidence supports that
determination. The ALJ found inconsistencies in Clyburn’s testimony. For
example, she testified on direct examination that she could not lift a gallon of milk,
but when questioned by the ALJ admitted that she could lift her 26-pound baby, “if
she has to.” She also testified that she was unable to drive after knee surgery but
that she was in a car accident one month after the surgery. She stated that was able
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to drive even though she was not supposed to be driving, and the ALJ found that
her testimony called into question whether Clyburn was ignoring her physicians’
advice. The ALJ found that these and other inconsistencies diminished Clyburn’s
“overall credibility.” Although Clyburn attempts to qualify her testimony and
rebut the ALJ’s interpretation of it, the record establishes that substantial evidence
supports the ALJ’s credibility determination.
Nor did the ALJ err by not explicitly discussing statements contained in an
affidavit by Clyburn’s sister. Because the ALJ expressly rejected as not credible
Clyburn’s testimony about the severity of her pain and the extent of her limitations,
he impliedly rejected the statements in the affidavit as well. See Allen v.
Schweiker, 642 F.2d 799, 801 (5th Cir. 1981).
As for the hypothetical question that the ALJ posed to the vocational expert,
the ALJ was not required to include findings that he properly rejected as
unsupported. See Crawford v. Comm’r Soc. Sec., 363 F.3d 1155, 1161 (11th Cir.
2004). The ALJ’s hypothetical question adequately accounted for Clyburn’s
impairments. Furthermore, the expert testified that Clyburn could perform her past
relevant work, and Clyburn failed to demonstrate otherwise.
AFFIRMED.
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